Case Details
Nationale-Nederlanden Holdinvest B.V. and others v. Argentine Republic (ICSID Case No. ARB/19/11)
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Pension system
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Other Industry
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BIT Netherlands - Argentina 1992
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ICSID Convention - Arbitration Rules
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NN Insurance International B.V. (Dutch), Nationale-Nederlanden Intertrust B.V. (Dutch), Orígenes AFJP S.A. (en liquidación) (Argentine), Nationale-Nederlanden Holdinvest B.V. (Dutch)
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Argentina Republic (Argentine)
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April 30, 2019
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January 30, 2020
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David UNTERHALTER (Maltese, South African) - Appointed by the Parties
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Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s) -
De Brauw Blackstone Westbroek N.V., Amsterdam, Netherlands
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Procuración del Tesoro de la Nación, Buenos Aires, Argentina
Curtis Mallet-Prevost, Colt & Mosle, Washington, D.C., U.S.A., Buenos Aires, Argentina, and London, U.K. -
English,Spanish
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Pending
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May 8, 2023 - The Tribunal decides on the Claimants’ request of March 9, 2023.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
| Date | Development | |
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| April 30, 2019 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
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| July 3, 2019 | Following appointment by the Claimants, Luca G. Radicati di Brozolo (Italian/ British) accepts his appointment as arbitrator. |
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| August 8, 2019 | Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator. |
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| January 30, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David Unterhalter (South African/Maltese), President, appointed by agreement of the parties; Luca G. Radicati Di Brozolo (Italian/British), appointed by Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by Respondent. |
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| March 23, 2020 | The Tribunal holds a first session by telephone conference. |
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| June 30, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
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| June 30, 2020 | The Claimants file a memorial on the merits. |
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| September 29, 2020 | The Respondent files a Memorial on Jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
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| November 30, 2020 | The Claimants file a counter-memorial on jurisdiction and response to request for bifurcation. |
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| December 30, 2020 | The Tribunal issues Procedural Order No. 2 concerning Respondent’s request to address the objections to jurisdiction as a preliminary question. |
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| January 15, 2021 | The Claimants file a request for provisional measures. |
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| February 10, 2021 | The Respondent files observations on the Claimants’ request for provisional measures. |
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| February 17, 2021 | The Claimants file a response to the Respondent’s observations of February 10, 2021. |
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| February 23, 2021 | The Respondent files observations on the Claimants’ response of February 17, 2021. |
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| May 19, 2021 | The Respondent files a reply on jurisdiction and a counter-memorial on the merits. |
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| June 21, 2021 | The Tribunal issues a decision on provisional measures. |
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| September 15, 2021 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
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| December 20, 2021 | The Claimants file a rejoinder on jurisdiction and a reply on the merits. |
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| April 25, 2022 | The Respondent files a rejoinder on the merits. |
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| June 6, 2022 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
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| June 14, 2022 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
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| June 15, 2022 | The Tribunal decides a further request on production of documents. |
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| June 27, 2022 | The Respondent files comments to the Claimants’ request of June 14, 2022. |
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| July 2, 2022 | The Tribunal decides on the Claimants’ request of June 14, 2022. |
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| July 5, 2022 - July 15, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in Washington DC. |
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| July 10, 2022 |
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| September 30, 2022 | Each party files a supplemental expert report. |
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| December 6, 2022 | The Tribunal holds a hearing on examination of experts by video conference. |
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| March 9, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
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| March 17, 2023 | The Respondent files observations on the Claimants’ request of March 9, 2023. |
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| March 23, 2023 | The Claimants file a response to the Respondent’s observations of March 17, 2023. |
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| March 28, 2023 | The Respondent files further observations on the Claimants’ request of March 9, 2023. |
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| April 3, 2023 | Each party files a post-hearing brief. |
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| May 8, 2023 | The Tribunal decides on the Claimants’ request of March 9, 2023. |